The rapid and unstoppable advancement in technology has also manifested itself in the field of sports, giving rise to a new branch of sports called e-sports (electronic sports). E-sports, a rapidly developing sport in recent years, is taking shape in the virtual world. E-sports is a sport generally played online, either as a team or individually, and is particularly popular with young people.
E-sports, or more simply, electronic sports, is a sport played in a digital or online environment, either as a team or individually, at amateur or professional levels, with its own unique rules. Indeed, in Article 4 (f) of the E-Sports Federation’s Athlete, License, Registration, Visa, and Transfer Directive, published on September 25, 2018, e-sports is defined as “any activity involving individual or team participation, online or offline, through an electronic device.” In esports, compared to other sports, athletes’ movements are tactical and mental rather than physical. In other words, there is no physical effort involved. Therefore, mental training plays a greater role in esports.
The Turkish E-Sports Federation (TESFED) was established with Ministry approval dated April 24, 2018, numbered 277144. TESFED’s official website lists esports branches such as MOBA (Online Multiplayer Battle Arena), FPS (First-Person Shooter), RTS (Real-Time Strategy Game), Battle Royale, SPORTS, MMORPG (Massively Multiplayer Online Role Playing Game), FIGHTER, and HADO.
A crucial issue in esports law, and the subject of this article, is the athlete contracts between the athlete participating in esports competitions and their club. Participating in competitions under a club, particularly for professional esports athletes, also necessitates the signing of a contract. According to Article 17, Paragraph 1, of the Esports Federation Athlete, License, Registration, Visa, and Transfer Directive dated July 13, 2020, the athlete who transfers must sign a contract with their new club. However, aside from this provision, there are no regulations governing the nature and content of esports athlete contracts. Only the aforementioned Directive addresses the printed transfer contract. This situation—the lack of a solid foundation for the contract—will lead to certain problems in the contract between the esports athlete and their club. Therefore, esports, which has begun to attract large crowds, must be established on a legal basis. Since only football is considered a professional branch in Turkey, we believe that the principles regarding professional football player contracts should be applied to the extent appropriate to the nature of the contracts until a comprehensive regulation is introduced for e-sports athlete contracts and for matters not covered by the regulations introduced through the Instructions in recent years.
The esports athlete contract must be signed, provided it contains the necessary elements of the contract, and the signed contract must be submitted to TESFED for registration. For esports athletes under the age of eighteen (children between the ages of 6 and 18 can obtain an athlete license), the consent or authorization of their legal representative is required for the contract to be concluded. Furthermore, the esports athlete contract must include a provision regarding the fee. In addition to the fee amount, the parties should also specify the payment method. This fee can be paid monthly or in a lump sum at the end of the contract. It would also be appropriate for the parties to clearly specify the duration of the contract in the esports athlete contract. It should be noted that the printed transfer contract included in the Athlete, License, Registration, Visa, and Transfer Instructions is designed for transfers without any fee. Therefore, it is essential that TESFED prepare a more detailed and comprehensive printed contract for professional esports athlete transfer contracts.
In an e-sports athlete contract, the parties must act in accordance with the terms agreed upon and agreed upon in the contract. Otherwise, until a legal regulation is enacted regarding e-sports athlete contracts, we believe that Articles 24 and 25 of the Professional Football Players’ Status and Transfers Directive, which regulate the parties’ rights and obligations, should apply to the extent appropriate. In e-sports, the e-sports athlete’s obligation is to participate in relevant competitions and achieve successful results for their club. To achieve these successes, the e-sports athlete must continuously improve themselves and work on various strategies. Furthermore, they are required to attend courses, seminars, or conferences organized by the club or TESFED. Furthermore, the e-sports athlete is obligated to follow the procedures required to participate in competitions and provide all necessary documentation in full. The club’s primary obligation is to ensure the e-sports athlete’s optimal preparation for competitions and to provide expert coaches and all necessary equipment. Furthermore, providing necessary training on the new systems and demonstrating this training in practice are among the club’s responsibilities. If either party breaches its obligations, the esports athlete contract can be terminated by the esports athlete or the club exercising its right of termination. TESFED has not yet issued any regulations on this matter, so the circumstances under which the right of termination can be exercised cannot be determined. In addition to general information on termination, the grounds for termination within the scope of the Professional Football Players’ Status and Transfers Directive can be applied to the extent appropriate.
As can be seen, TESFED has not issued any comprehensive regulations regarding the content and termination of e-sports athlete contracts. However, TESFED has included comprehensive regulations regarding sports branch registration applications in its Sports Branch Registration Instruction. Accordingly, sports clubs, sports joint stock companies, and military sports clubs that wish to participate in sports activities affiliated with the sports federation are required to register their sports branch with the sports federation. Sports clubs, sports joint stock companies, and military sports clubs that have registered their sports branch may participate in the activities of the sports branches in which they are registered. The sports federation has the authority to audit sports clubs, sports joint stock companies, and military sports clubs regarding registration requirements. Sports clubs, sports joint stock companies, and military sports clubs that are found to have deficiencies in registration requirements during inspections are given a thirty-day period in writing to notify them. Sports clubs, sports joint stock companies, and military sports clubs that fail to participate in their committed sports activities for three consecutive years without permission or justification, that fail to meet registration requirements, or that fail to address reported deficiencies within the specified period will have their registrations for these sports cancelled by the sports federation through the Ministry’s information system. Sports clubs, sports joint stock companies, and military sports clubs whose sports registrations have been cancelled must apply for a new registration to rejoin the sports branches affiliated with the sports federation.
[1] This study was prepared by making use of the following academic article: Doğu, Hakkı Mert. “E- SPOR VE E-SPOR HUKUKU’NDA SPORCU SÖZLEŞMELERİ”. Ankara Üniversitesi Hukuk Fakültesi Dergisi 69, sy. 2 (Aralık 2020): 443-53. https://doi.org/10.33629/auhfd.848644.